Commonwealth, Department of Transportation v. Acchione & Canuso, Inc.

Opinion by

President Judge Crumlish,

This is an appeal of the Pennsylvania Department of Transportation (PennDOT) from a Board of Claims’ decision awarding $191,272.05 in damages to claimant Acchione and Canuso, Inc. (Acchione).

We reverse.

These facts are pertinent. On October 5,1973, general contractor Acchione and PennDOT entered into a contract for highway improvements to Boosevelt Boulevard in Philadelphia. Trenching excavation work was necessary to replace conduit encasing traffic signal wiring at existing intersections.1

After reviewing the project plans, subcontractor Tony DePaul & Sons,…